McCuskey accepted the recommendation of U.S. Magistrate David Bernthal, who late last week refused to reconsider his decision to reject Sherman's lawsuit over the $20,000 grant to the 11-story tall Bald Knob Cross of Peace.

Bernthal ruled the state's economic-development agency has discretion in how it doles out its money.

Sherman has pledged this week to take the matter to a federal appellate court in Chicago if McCuskey ruled against him.